Vibha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7254 of 2021 ====================================================== Vibha Kumari wife of Kumar Amrendra Kishore resident of Choti Tangraila, P.O. Amarpura, P.S. Naubatpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supplies Department, Old Secretariat, Bihar, Patna.

2.

The District Magistrate, Patna.

3.

The Sub- Divisional Office cum Licensing Officer, Danapur. 4.

The Block Supply Officer, Naubatpur, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukul Prasad, Advocate For the Respondent/s :

Mr.S.Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 04-01-2022 Petitioner has prayed for the following relief(s): "For the issuance of an appropriate writ in the nature of certiorari or any other writ or writs and direction or directions for quashing the order contained in Gyapank No. 234 dated 17.02.2021 passed by the Sub-divisional Officer -cum- Licensing Authority, Danapur Respondent No. 3 by which the license of the Public Distribution Shop of the petitioner being License No. 12 of 2017, Panchayat Bari Tangraila Block Naubatpur, District - Patna has been cancelled."

Learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the

Patna High Court CWJC No.7254 of 2021(2) dt.04-01-2022 2/3 Respondent No. 2, namely District Magistrate, Patna to consider and decide the Appeal to be filed within a period of four weeks, within a period of six months from the date of production of a copy of this order.

Without expressing any opinion on merits of the claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open.

Shri S. Raza Ahmad, learned A.A.G. 5, states that if such an appeal is filed within the time stipulated above, limitation shall not be allowed to come in the way of its consideration and decision on merits since the petitioner has been pursuing remedies before this Hon'ble Court. Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch.

Patna High Court CWJC No.7254 of 2021(2) dt.04-01-2022 3/3 The petition stands disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) DKS/-KC U